AFT Resolution

EQUAL REMEDIES

WHEREAS, after a two-year struggle, the Civil Rights Act of 1991 was enacted; and

WHEREAS, this act overturned several Supreme Court decisions that had narrowly restricted the ability of women and minorities to redress employment discrimination; and

WHEREAS, the Civil Rights Act of 1991 amends section 1981 of the 1866 Civil Rights Act, the Americans with Disabilities Act and the 1973 Rehabilitation Act to allow victims of intentional discrimination based on sex, religion or disability to sue for compensatory and punitive damages; and

WHEREAS, to ensure the passage of the Civil Rights Act of 1991, a cap was placed on the monetary damages awarded to women, persons with disabilities and some religious groups; and

WHEREAS, victims suing for intentional race or ethnic discrimination have no caps on monetary damages:

RESOLVED, that the American Federation of Teachers support the Equal Remedies Act (S.2062 and H.R. 3975), which would remove the cap on monetary damages for intentional discrimination based on gender, religion or disability; and

RESOLVED, that the AFT reaffirm its commitment to the elimination of all forms of discrimination.

(1992)